| 113 Ave. D, LLC v Green, William |
| Motion No: 570729/06 |
| Slip Opinion No: 2007 NYSlipOp 68976(U) |
| Decided on May 8, 2007 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
May 8, 2007
113 Ave. D, LLC v Green, William
It is Ordered that the motion is granted to the extent of adjourning the appeal to the September 2007 term. The cross-motion is granted to the extent of continuing the stay of the execution of the warrant of eviction pending the determination of the appeal, provided the appellant continues to tender accruing use and occupancy to the petitioner, without prejudice.
By: McCooe, J.P., Schoenfeld, Klein Heitler, J.J.
Motion No. 570729/06